Hasan Ali S/O Shareef Mohammed vs State Of Rajasthan
2021 Latest Caselaw 1108 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                1721/2021

Hasan Ali S/o Shareef Mohammed, Aged About 31 Years, R/o
Indra Colony Taleda Dist. Bundi Raj. (Presently Confined In Sub
Jail Sangod Dist. Kota)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mr. Dinesh Kumar Garg present in the Court For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

02/02/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 83/2020 was registered at Police Station Mandana

District Kota for offence under Sections 8 & 20 of NDPS Act.

3. It is contended by counsel for the petitioner that charge-

sheet has been filed. The contraband was recovered from Hussain,

who purchased from Rahislala. The contraband was transported by

Raja @ Vasim. The allegation against the petitioner is that he

introduced the transporter to Hussain. It is also contended that

neither the petitioner is seller nor he is purchaser or transporter.

He has no criminal antecedents and has nothing to do with the

commission of offence.

(2 of 2) [CRLMB-1721/2021]

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions.

6. It is not evident from the charge-sheet that petitioner

connived or was aware that the contraband will be transported,

hence, I deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

ARTI SHARMA /53

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